Decision No. 2778/PC-DB promulgates the "Regulation on the operation of vehicle weighing stations"

Pursuant to …;

Issued by the Minister of Transport under Decision No. 2778/PC-ĐB dated October 21, 1996 regarding

the issuance of the "Regulation on the operation of weigh stations"

___________________

THE MINISTER OF TRANSPORTATION

- Based on the Ordinance on the Protection of Transportation Works dated December 2, 1994;

- Based on Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

- Based on Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic order and safety on roads and urban traffic order and safety, and Decree No. 49/CP dated July 26, 1995 of the Government on administrative penalties for violations of traffic order and safety on roads and urban traffic order and safety;

- Based on Decision No. 455/TTg dated September 4, 1993 of the Government on the establishment of stations to inspect vehicles with large loads and caterpillar vehicles operating on roads, and Document No. 7268/KTN dated December 26, 1994 of the Prime Minister allowing the Ministry of Transport to install additional or adjust weigh stations on roads;

- To improve and ensure uniform operation of weigh stations nationwide;

- At the proposal of the Director of the Vietnam Road Administration;

DECISION:

Article 1. Now hereby promulgates attached to this Decision the "Regulation on the organization and operation of weigh stations for overloaded and oversized vehicles, caterpillar vehicles operating on public roads (referred to as weigh stations for vehicles)";

Article 2. This Decision takes effect from the date of signing. All previous decisions of provincial People's Committees and other documents that contradict this Decision shall be abolished.

Article 3. Relevant units directly managing weigh stations, in coordination with related sectors, shall take advantage of the leadership and guidance of the Provincial People's Committee to concretize the provisions in this regulation in accordance with specific circumstances at the local level without contravening the spirit and content of the regulations herein and current laws for implementation.

Article 4. The Heads of the Ministry's Office, the Department of Legal Affairs, the Inspector General of the Ministry, the Directors of the Vietnam Road Administration, the Directors of Departments of Transport having jurisdiction over weigh stations, and the General Managers of the Road Management Zones have the responsibility to implement this Decision.

REGULATIONS

ON THE ORGANIZATION AND OPERATION OF WEIGH STATIONS FOR OVERLOADED AND OVERSIZED VEHICLES, CATERPILLAR VEHICLES OPERATING ON PUBLIC ROADS
ON ROADS
ACTIVITIES ON LAND ROADS

(Issued together with Decision No. 2778/PC-ĐB dated October 21, 1996
of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1

Weigh stations are tasked with inspecting vehicles carrying loads exceeding the load capacity and size limits of bridges and roads, and caterpillar vehicles operating without permits or with permits but not in compliance with the conditions specified in such permits on public roads to protect bridges and roads and ensure the safety of people and property of the State and the people.

Article 2

- The station consists of three forces: Traffic, Traffic Police, and Military Control. (For the Traffic sector, personnel directly involved in inspections must be traffic inspectors).

- The station uses its own seal, has a fixed headquarters, storage areas, necessary equipment, and tools to serve vehicle weighing and unloading operations.

Article 3

- Funding for equipping and maintaining the station is drawn from the road construction budget funded by the State budget and other sources as prescribed by competent authorities (if applicable).

- The station has one station chief, one to two deputy chiefs, and other members who perform their duties according to current laws and specific provisions of this regulation.

- The station is directly led by the road administration authority as stipulated in separate decisions for each station issued by competent authorities.

Chapter II

FUNCTIONS - TASKS - POWERS OF WEIGH STATIONS

Article 4

The station only performs the task of weighing and inspecting the load and size of goods carried by vehicles suspected of violating the load-bearing capacity and size limits of bridges and roads, and caterpillar vehicles operating on roads as specified in Article 19 of Decree No. 36/CP dated May 29, 1995 and Article 16 of Decree No. 49/CP dated July 26, 1995. For vehicles violating the size limits of bridges and roads, while awaiting specific regulations on fines, the station may handle and apply fines according to the provisions of Article 13 of Decree No. 49/CP. During the process of checking load weights and sizes, if violations of other national regulations are discovered, the station has the duty to report them to responsible agencies for resolution.

Vehicles suspected of violating regulations are compared against current regulations governing overweight and oversized vehicles, and caterpillar vehicles operating on roads, and special driving permits issued by authorized road administration authorities.

Article 5

The station has the right to perform the following tasks:

a. While performing duties, it is permitted to stop vehicles in circulation for inspection if they appear to be carrying goods that exceed the load and size limits of bridges and roads, or caterpillar vehicles operating on roads without measures to prevent direct damage to the road surface caused by caterpillar tracks.

b. Inspect special driving permits issued by authorized road administration authorities.

c. Weigh vehicle loads, measure vehicle sizes and cargo. Handle violations according to regulations.

d. Force drivers to unload excess cargo.

e. Suspend vehicle operation, temporarily seize driver licenses, vehicle registration certificates, and special driving permits if the vehicle does not comply with handling requirements.

g. The station is allowed to organize towing, unloading, and storage services for goods upon request of the vehicle owner, cargo owner, or driver according to the prevailing prices in each locality or region.

Article 6.- Handling Violations

Handling violations must ensure proper procedures and follow the following regulations:

a. Regarding forms, unified templates must be used, including weight measurement sheets, violation reports, penalty decisions, and reports requesting higher-level authorities to handle cases beyond the station's authority. These documents must be typed, not handwritten, and kept at the station and given one copy to the driver. Temporary seized items must also be clearly recorded in the report.

b. Cases of aggravating or mitigating circumstances must be handled strictly in accordance with the Administrative Violations Handling Ordinance and guidelines from competent authorities. Arbitrary resolutions are prohibited. Any opinions from higher levels must be reported to the Road Management Zone or Department of Transport overseeing the weigh station for resolution and full documentation.

c. Penalties must be paid at Treasury offices as stipulated.

d. In case the vehicle violation causes damage to bridges or roads, such as tracked vehicles without pads causing damage..., apart from handling the violation according to regulations, the violator must restore the condition of the bridge or road caused by the violation, or compensate for damages up to one million dong, and if the compensation amount exceeds one million dong, a report must be made and transferred to the competent authority for resolution.

Article 7.- Strictly prohibit the following violations:

- Arbitrarily blocking or stopping vehicles not within the scope of inspection as prescribed.

- Searching, seizing goods, means of transport, or objects in violation of the law. - Misusing positions and powers to harass, cause inconvenience, or accept bribes.

- Having an arrogant attitude, lacking courtesy, or engaging in actions that harm the reputation, health, body, and property of drivers and passengers.

- Appropriating seized goods, evidence, or temporarily detained means of transport, and other acts contrary to the law.

- Imposing fines and not reducing the load.

Chapter III

ORGANIZATION OF THE VEHICLE SCALE STATION

Article 8

- The road management agency responsible for managing the scale station shall coordinate with relevant departments to discuss and agree on the members of the station, which will then be submitted to the People's Committee of the province or centrally governed city for decision. Members participating in the station include:

+ Traffic sector forces, mainly undertaken by the unit managing the station (Direct contact positions with inspected subjects must be traffic inspectors). If necessary, for stations managed by central units, additional traffic inspectors from the Department of Transportation (Transportation Control Center) may be arranged, one person per shift.

+ Traffic police forces, at least one person per shift (excluding those participating in station command).

+ Military control forces: one to two people per shift. At stations where there are few or no military transport vehicles operating, it may not be necessary to arrange military control forces.

- In cases where no other forces participate in the station, traffic inspectors must undertake all station tasks.

- The staffing of the station can be arranged from 18 to 28 people depending on the volume of overloaded and oversized vehicles passing through.

Article 9

- The station chief is appointed by the Director of the Department of Transportation or the General Director of the Road Management Zone to oversee the station's operations and is responsible for managing and implementing station tasks before the direct management agency (Sub-zone, Road Management Zone, Department of Transportation). The station chief has the following responsibilities:

+ Proactively coordinating with local authorities and related agencies in the area where the station is located to support and cooperate with the station's activities.

+ Being responsible for managing and using assets, files, documents, and equipment provided during operation in accordance with regulations.

+ Managing all station activities, assigning tasks, managing station staff, and deciding on inspections and handling violations within their authority.

+ Implementing policies and benefits for station employees as stipulated (including performance reviews, summaries, rewards, disciplinary actions, material incentives...).

+ Implementing financial accounting systems, data, and regular and ad hoc reporting requirements as stipulated.

- The deputy station chief assists the station chief and represents the station chief when the station chief is absent. The deputy station chief may be delegated full or partial responsibility for certain areas of station work.

The deputy station chief is personally responsible for the implementation of assigned tasks.

Article 10

Other station members perform their functions and duties as assigned by station leadership based on their respective professional responsibilities and are accountable to the agency or unit that sent them to participate in the station.

The Deputy Head of the Inspection Agency of the Department or the Road Management Zone, who concurrently holds the position of station chief or deputy station chief, exercises the powers delegated by the Head of the Agency in accordance with current laws.

Article 11

In special circumstances, depending on the situation and specific needs, with the consent of the provincial or centrally governed city People's Committee, the Director of the Department of Transportation or the General Director of the Road Management Zone managing the station may delegate the station to organize a non-permanent mobile unit within a 20-kilometer radius on each side to patrol, detect, and penalize overloaded and oversized vehicles attempting to avoid the station, requiring them to unload or reduce size before entering the station or reload after leaving the station.

Chapter IV

ACTIVITIES OF THE VEHICLE SCALE STATION

Article 12

The station is equipped with electronic scales; in cases where installation is not completed in time or during repair and calibration periods, manual scales may be used but must ensure reliability and accuracy confirmed by authorized agencies.

Article 13

- The station must have a signboard measuring 1m x 1.5m with letters 25cm high reading "Vehicle Weight Inspection Station" (with the place name according to the list in Decision 455/TTg or supplementary decisions by the Ministry of Transport). Each station has three signs (one placed in front of the station facing the road, two placed at both ends of the station, 50-100 meters away from the station, facing the direction of incoming vehicles, painted with reflective paint), the sign in front of the station has a red background with yellow letters, the two signs at both ends of the station have a blue background with white letters.

- A notice board summarizing the station's duties and powers.

- A summary table of weight limits according to Circular No. 239/TT-PC dated September 30, 1995 of the Ministry of Transport and announcements regarding permissible weights by road management agencies.

- A table of fines (according to Decree No. 49/CP).

- A table of allowable scale errors and provisions for increased or reduced penalties... and posting other regulations such as the delegation of authority from the Head of the Inspection Agency of the Zone or Department to the Deputy Head as Station Chief or Deputy Station Chief at the station...

Article 14

- The station operates 24 hours a day, divided into three shifts. Each shift has a shift leader (the deputy station chief may also lead one shift), the shift leader manages all activities during the shift according to the station chief's assignment.

- During operation, there must always be a station commander (station chief or deputy station chief) present to manage and handle violations.

Article 15

The staff on duty at each shift shall be mainly arranged according to the professional responsibilities of each participating department, such as traffic police handling vehicle stops for inspection, traffic inspectors checking necessary documents, and traffic inspectors and traffic police jointly conducting over-dimensional inspections. Military cargo trucks shall be stopped and inspected by military control. However, depending on the actual situation at each station, adjustments may be made through mutual agreement.

Article 16

Staff and soldiers participating in the station must comply with regulations specific to their respective professions during the performance of their duties. They must wear uniforms, insignias, and badges as prescribed by their respective departments. Inspection and violation handling procedures must strictly follow the prescribed sequence and procedures. Uniforms and equipment used by members while performing duties at the station shall be provided and utilized according to the regulations of their respective departments.

Article 17

When carrying out tasks, there may be differing opinions among members of each department. The station chief has the authority to decide. In cases requiring higher-level approval, they must seek guidance from their direct superiors.

Article 18

- Salaries and allowances of participants at the station shall be borne by the agency that dispatches them. Allowances for working at the station shall be resolved by the unit directly managing the station, and other benefits shall be provided according to current regulations.

- Social organization activities of participants working at the station shall be conducted in accordance with the organizational regulations of social organizations within the agency or unit managing those participants.

Article 19

Awards and disciplinary actions

Officers, soldiers, and staff who achieve outstanding results in their duties, contributing to preventing violations by overloaded vehicles, vehicles exceeding bridge and road limits, and tracked vehicles operating on roads causing damage to bridges and roads, maintaining strict adherence to laws and regulations, shall be rewarded both spiritually and materially according to established provisions.

Station officers, soldiers, and staff who violate prohibitions and internal discipline rules of the station, depending on the severity of the violation, shall be subject to administrative disciplinary action or criminal liability as stipulated by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 20

This Regulation shall be uniformly applied to all weigh stations nationwide.

Article 21

Units directly managing weigh stations shall proactively coordinate with relevant departments and seek directives from provincial People's Committees or municipal People's Committees under the Central Government to concretize related regulations in accordance with the specific circumstances of each location, based on not contradicting the spirit and content of this Regulation and current legal provisions.

Article 22

Existing regulations issued by provincial People's Committees that are consistent with these regulations and current laws shall remain effective. Regulations that conflict with the law and the spirit and content of this Regulation shall be abolished.

Article 23

The establishment of weigh stations aims to protect bridges and roads as prescribed by the Government, provincial and municipal authorities, and relevant departments have the responsibility to urge, direct, and assist to create favorable conditions for weigh stations to fulfill their tasks. Any cessation of operations of a weigh station, regardless of the reason, must be decided by the General Director of the Road Management Corporation or the Director of the Department of Transport Management overseeing the weigh station. For prolonged cessations of one month or more, prior approval from the Vietnam Highway Administration, Ministry of Transport, must be obtained before making the decision.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The Ministry of Transport authorizes the Vietnam Highway Administration to organize, direct, inspect, and urge the operation of weigh stations and conduct annual reviews and summaries to draw lessons from various aspects of weigh stations.

During the implementation of this Regulation, if there are any difficulties or need for amendments or supplements, units shall report to the Ministry of Transport for consideration and resolution.